I 

112TH CONGRESS 

1ST SESSION H. R. 1470 

To amend title 5, United States Code, to extend the probationary period 

applicable to appointments in the civil service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2011 

Mr. ROSS of Florida introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to extend the probationary period applicable to appointments in the civil 

service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROVISIONS RELATING TO PROBATIONARY PE4 RIODS. 

5 (a) IN GENERAL.—Section 3321 of title 5, United 

6 States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘The Presi8 dent’’ and inserting ‘‘Subject to subsections (c) 

9 through (e), the President’’; 


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1 (2) by redesignating subsection (c) as sub2 section (f); and 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) The length of a probationary period under para6 graph (1) or (2) of subsection (a), established by rule, reg7 ulation, or other action of the President, shall be not less 

8 than 2 years. 

9 ‘‘(d)(1) For purposes of any probationary period (as 

10 described in subsection (a)(1)), an employee who is trans11 ferred, promoted, demoted, reassigned, or otherwise ap12 pointed to a new position, whether before or after com13 pleting a probationary period (as so described) in a pre14 vious position and whether or not in the same agency, 

15 shall be required to satisfy the probationary period (as so 

16 described) which applies to the new position. 

17 ‘‘(2) An employee shall not, for purposes of this sub18 section, receive credit for any probationary period com19 pleted, or for any service performed toward completing a 

20 probationary period, in any other position. 

21 ‘‘(e) The head of each agency shall, in the administra22 tion of this section, take appropriate measures to ensure 

23 that— 

24 ‘‘(1) any announcement of a vacant position 

25 within such agency and any offer of appointment 


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1 made to any individual with respect to any such po2 sition shall clearly state the terms and conditions of 

3 the probationary period applicable to such position; 

4 ‘‘(2) any individual who is required to complete 

5 a probationary period under this section shall receive 

6 timely notice of the performance and other require7 ments which must be met in order to successfully 

8 complete the probationary period; and 

9 ‘‘(3) upon successful completion of a proba10 tionary period under this section, certification to 

11 that effect shall be made, supported by a brief state12 ment of the basis for that certification, in such form 

13 and manner as the President may by regulation pre14 scribe.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) Section 3321(f) of title 5, United States Code (as so 

17 redesignated by subsection (a)(2)), is amended by striking 

18 ‘‘Subsections (a) and (b) of this section’’ and inserting 

19 ‘‘This section’’. 

20 (c) EFFECTIVE DATE.—This section and the amend21 ments made by this section— 

22 (1) shall take effect 180 days after the date of 

23 enactment of this Act; and 

24 (2) shall apply in the case of any appointment 

25 (as referred to in section 3321(a)(1) of title 5, 


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1 United States Code) and any initial appointment (as 

2 referred to in section 3321(a)(2) of such title 5) tak3 ing effect on or after the date on which this section 

4 takes effect. 

5 SEC. 2. APPEALS FROM ADVERSE ACTIONS. 

6 (a) IN GENERAL.—Section 7501(1) of title 5, United 

7 States Code, is amended— 

8 (1) by striking ‘‘1 year’’ the first place it ap9 pears and inserting ‘‘not less than 2 years’’; and 

10 (2) by striking ‘‘1 year’’ the second place it ap11 pears and inserting ‘‘2 years’’. 

12 (b) PREFERENCE ELIGIBLE.—Section 7511(a)(1) of 

13 title 5, United States Code, is amended— 

14 (1) in subparagraph (A)(ii), by striking ‘‘1 

15 year’’ the first place it appears and inserting ‘‘not 

16 less than 2 years’’; 

17 (2) in subparagraph (B), by striking ‘‘1 year’’ 

18 and inserting ‘‘not less than 2 years’’; and 

19 (3) in subparagraph (C)(ii), by striking ‘‘2 

20 years’’ in the first place it appears and inserting 

21 ‘‘not less than 2 years’’. 

22 (c) EFFECTIVE DATE.—This section and the amend23 ments made by this section— 

24 (1) shall take effect 180 days after the date of 

25 enactment of this Act; and 


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1 (2) shall apply in the case of any individual 

2 whose period of continuous service (as referred to in 

3 the provision of law amended by paragraphs (1), (2), 

4 or (3) of subsection (b), as the case may be) com5 mences on or after the date on which this section 

6 takes effect. 

Æ 


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